City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, May 20, 2014, at 8:25pm. Mayor Labrosse called the meeting to order and Regina Angelo announced that the meeting was being held in accordance with the Sunshine Law, notice having been published according to law, with a copy on file in the City Clerk’s office, and a copy posted on the bulletin board in City Hall. Ms. Angelo called the roll: Present – Mayor John P. Labrosse, Jr., Deputy Mayor Canestrino, Councilman David Sims, Councilman Leonardo Battaglia, Councilwoman Rose Greenman were in attendance with Interim City Manager Anthony Rottino, City Attorney Thomas P. Scrivo and Regina Angelo, City Clerk Deborah Karlsson was absent. Mayor reads Proclamation for Donation of painting by Mr. Sznajderman. A motion was made by Councilman Battaglia and seconded by Deputy Mayor Canestrino to accept the Meeting Minutes for April 7, 2014 which included the Council of the Whole and the Regular Council Meeting. City Manager’s Report – The City of Hackensack won the New Jersey Futures award and the ceremony is June 5th, 2014. The Artists performing for the Summer Concert series in July and August are listed on the website. Regarding the Fire Department Chiller Installation, there is a 5 year warranty and the cost is down compared to others. The City of Hackensack conducted IT Observations and we discovered that the users are saving documents to their desktops instead of the main servers and by doing so the servers are at risk of being hacked. Regarding the Tax Appeals, the City is in a tax crunch right now and trying to pass a resolution to bond for taxes. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X X Deputy Mayor Canestrino X X Sims X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 190-14 FINAL ADOPTION OF ORDINANCE NO. 18-2014, AN ORDINANCE AMENDING SECTION 170-70, ENTITLED “SCHEDULE XXI: PARKING METER ZONES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING – Regina DiPasqua –Parker Avenue- Questioned the time of Ordinance to 1 5/20/14 feed the parking meters. Attorney comments that there was a typo in Ordinance and the correct time is 6:00pm not 9:00pm. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 18-2014 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 18-2014 AN ORDINANCE AMENDING SECTION 170-70, ENTITLED “SCHEDULE XXI: PARKING METER ZONES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, on April 21, 2014, the City Council of the City of Hackensack inadvertently introduced an unintended version of Chapter 170- 70, “Parking Meter Zones”; and WHEREAS, the City Council of the City of Hackensack is desirous of repealing the passage of the introduction of Chapter 170-70, “Parking Meter Zones”; and WHEREAS, the City of Hackensack (“City”) wishes to amend Section 70 of Chapter 170, entitled, “Schedule XX1: Parking Meter Zones” to add parking meter zones for two parking lots located at the Green Street/Lodi Intersection and the Hackensack University Medical Center Parking Garage; and WHEREAS, the City Council finds it in the City’s best interest to make this change. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. Section 70 of Chapter 170, entitled “Schedule XX1: Parking Meter Zones,” is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states: §170-70. Schedule XX1: Parking Meter Zones. Pursuant to § 170-44, parking meter zones are hereby established upon the streets or posts thereof described below. It shall be unlawful, between the hours of 9:00 a.m. and 6:00 p.m. on any day but Sunday and holidays, unless otherwise stated below, to park or stand a vehicle in any of the described areas below except upon deposit of the appropriate fee as set forth below: 2 5/20/14 Name of Street/Location Side Rate/Maximum Time Atlantic Street/Second Street to Prospect Avenue [Repealed 4-8-2008 by Ord. No. 7-2008] Atlantic Street/State Street to Main Street South $0.25 per half hour/12 hours Banta Place/entire length Both $0.25 per hour/2 hours [Amended 8-19-1996 by Ord. No. 12-96] Bergen Street/entire length South $0.25 per hour/3 hours [Amended 12-8-2009 by Ord. No. 39-2009] Berry Street/ beginning at the southwest South $0.25 per hour/2 hours corner of Main Street and Berry Street; 3 parking meters [Amended 8-19-1996 by Ord. No. 12-96] Berry Street/Main Street to State Street Both $0.25 per half hour/12 (with hours the exception of the above-described 3 meters) Berry Street/River Street to Main Street Both $0.25 per half hour/3 hours Bridge Street/Moore Street to Main Street North $0.25 per half hour/3 hours Bridge Street/River Street to Moore Street South $0.25 per half hour/12 hours Camden Street/Main Street to Moore Street Both $0.25 per hour/2 hours [Amended 8-19-1996 by Ord. No. 12-96] Camden Street/Main Street to State Street North $0.25 per half hour/3 hours Camden Street/Moore Street to River North $0.25 per half hour/12 Street hours Green Street/Lodi Intersection (two lots) West $0.25 per ¼ hour; meter parking enforced from 6:00 a.m. until 9:00 p.m., every day except Sunday and holidays Hackensack University Medical Center Parking Garage $0.25 per 1/4 hour; meter parking enforced from 8:00 a.m. until 6:00 p.m., every day except Sunday and holidays Main Street/entire length Both $0.25 per hour/2 hours [Amended 8-19-1996 by Ord. No. 12-96] Maple Avenue Both $0.25 per half hour/12 hours Mercer Street/Main Street to Moore Street Both $0.25 per hour/2 hours [Amended 8-19-1996 by Ord. No. 12-96] Moore Street/entire length Both $0.25 per half hour/3 hours Old River Street East $0.25 per half hour/12 hours 3 Second 5/20/14 Street/Atlantic Street to Essex West $0.25 per hour/12 Street hours State Street/Camden Street to Salem Both $0.25 per half hour/3 Section 2: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X Sims X X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 191-14 FINAL ADOPTION OF ORDINANCE NO. 19-2014, AN ORDINANCE AMENDING CITY ORDINANCE NO. 12-2-13 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Sims and seconded by Councilwoman Greenman that there be a public hearing. PUBLIC HEARING – Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 19-2014 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 19-2014 AN ORDINANCE AMENDING CITY ORDINANCE NO. 12-2013 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” WHEREAS, on June 10, 2013, the City Council of the City of Hackensack adopted Ordinance No. 12-2013, An Ordinance Amending City Ordinance No. 12- 2009 “Enumeration of Licenses, Miscellaneous Services and Fees”; and WHEREAS, the City Council of the City of Hackensack desires to repeal the passage of the Club License fee of $215.00 and amend the Club License fee to $188.00 as per the applicable State Statute, N.J.S.A.33:1-12. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF HACKENSACK, IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY THAT SECTION II AMENDED FEES READ AS FOLLOWS: Section II – Amended Fees 4 5/20/14 Alcoholic Beverage: Plenary Retail Consumption $1,800.00 Plenary Retail Distribution $1,350.00 Club License $ 188.00 This amendment to the Ordinance shall take effect after publication of a Notice of Final Adoption as required by law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 192-14 FINAL ADOPTION OF ORDINANCE NO. 20-2014, AN ORDINANCE AMENDING SECTION 148-36, ENTITLED “PUBLIC UTILITY CORPORATION BONDS AND FEES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilwoman Greenman and seconded by Deputy Mayor Canestrino that there be a public hearing. PUBLIC HEARING – Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 20-2014 has passed its second and final reading and is hereby adopted. AN ORDINANCE AMENDING SECTION 148-36, ENTITLED “PUBLIC UTILITY CORPORATION BONDS AND FEES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and 5 5/20/14 its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Council finds that the public safety and general welfare the public will be promoted if parking regulations are imposed on and sufficient parking provided for the residents of Prospect Street. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. Chapter 148, Section 36, entitled “Public utility corporation bonds and fees,” is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states: §148-36. Public utility corporation bonds and fees. In lieu of the fee established in § 148-7 and the performance guaranty established in § 148-34F, a public utility corporation regulated by the New Jersey Board of Public Utilities may apply to the City Manager for the alternate procedures provided in this subsection. The City Manager shall authorize these alternate procedures unless the applicant failed to comply with the provisions of this chapter after notice of noncompliance in the prior calendar year. A. Annual fee. The utility shall pay by February 28 of each calendar year any application-inspection fee for the current calendar year calculated as follows: (1) Application fee: $15 200 per opening. (2) Inspection fee: $15 50 per opening. (3) The annual fee is to be based upon the total number of openings in municipal rights-of-way made in the prior year. B. Inspection fees. Should the size of the openings or construction difficulties require more than two inspections, the utility shall pay for these additional inspections at the rate of $15 50 per inspection. For all openings in excess of 100 square feet, the utility shall meet with the Superintendent of Public Works or his designee prior to the commencement of construction to determine the anticipated number of required additional inspections, and the utility shall pay for these additional inspections prior to the issuance of the street opening permit. Should additional inspections be required in excess of those already agreed to, the utility shall pay for these inspections upon invoicing by the city. C. Performance guaranties. A utility shall provide the city with a performance bond in the amount of $15,000 in a form approved by the City Attorney guaranteeing that all right-of-way excavations shall comply with the provisions of Chapter 148 of the Code of Ordinances and that the full restoration of the street or right-of-way surface shall be to the satisfaction of the Superintendent of Public Works. Such bonds shall be renewed annually. Section 2: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy X X 6 5/20/14  Mayor Canestrino Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 193-14 FINAL ADOPTION OF ORDINANCE NO. 21-2014, AN ORDINANCE AMENDING CITY OF HACKENSACK REHABILITATION PLAN FOR THE MAIN STREET AREA IN NEED OF REHABILITATION This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Sims and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING – Motion offered by Council man Sims and seconded by Councilman Battaglia that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 21-2014 has passed its second and final reading and is hereby adopted. AN ORDINANCE AMENDING CITY OF HACKENSACK REHABILITATION PLAN FOR THE MAIN STREET AREA IN NEED OF REHABILITATION WHEREAS, redevelopment and rehabilitation plans must be undertaken by ordinance pursuant to N.J.S.A. 40A:12A-7, and said plans must include an outline for the planning, development, redevelopment or rehabilitation of the identified project area; and WHEREAS, on March 1, 2011, the governing body of the City of Hackensack (“the City”) adopted Resolution No. 112-11 authorizing DMR Architects (“DMR”) to commence an investigation within the Delineated Map Study Area encompassing approximately 164 acres and 389 tax lots along and in the vicinity of the Main Street corridor to determine if it could qualify as an “area in need of rehabilitation;” and WHEREAS, on April 18, 2011, DMR produced and presented a report entitled “Area in Need of Rehabilitation Study” that supported the finding that the Study Area qualifies as an area in need of rehabilitation, the findings of which were supported by the Planning Board on June 8, 2011; and 7 5/20/14  WHEREAS, on June 21, 2011, the governing body of the City adopted Resolution No. 208-11 accepting the Planning Board’s recommendation adopting the findings of DMR’s investigation and declaring that the Study Area constitutes an area in need of rehabilitation as defined pursuant to N.J.S.A. 40A:12A-3 and N.J.S.A. 40A:12A-14; and WHEREAS, a redevelopment plan entitled “City of Hackensack Rehabilitation Plan for the Main Street Area in Need of Rehabilitation” (“the Rehabilitation Plan”) was prepared and presented by DMR to the governing body; and WHEREAS, on June 27, 2012, the governing body adopted an ordinance accepting and approving the Rehabilitation Plan; and WHEREAS, on April 9, 2013, the governing body referred proposed amendments to the original Rehabilitation Plan to the Planning Board, which on May 8, 2013, recommended the governing body adopt the same; and WHEREAS, on June 10, 2013, the governing body adopted Ordinance No. 15- 2013 adopting the first set of amendments to the Rehabilitation Plan; and WHEREAS, the City’s Planner, DMR, has prepared further amendments to the Rehabilitation Plan dated May 2014, which establish more specific allowable dwelling unit sizes and yields, as well as, more specifically addressing parking standards and requirements, among other technical changes. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows: SECTION 1. Second Amended City of Hackensack Rehabilitation Plan. The second set of amendments to the Rehabilitation Plan prepared by DMR dated May 2014, and attached hereto as Exhibit A and made a part hereof by reference are hereby approved and adopted pursuant to N.J.S.A. 40A:12A-3 and N.J.S.A. 40A:12A-14. SECTION 2. Superseding. The second amended Rehabilitation Plan prepared by DMR dated May 2014 shall supersede the provisions of all prior Rehabilitation Plans unless otherwise indicated therein. SECTION 3. Implementation. The second amended Rehabilitation Plan prepared by DMR dated May 2014 shall be implemented in accordance with the provisions of N.J.S.A. 40A:12A-15. SECTION 4. Severability. If any section, subsection or paragraph of this ordinance shall be declared unconstitutional, invalid or inoperative, in whole or in 8 5/20/14  part, by a court of competent jurisdiction, such chapter, section subchapter or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this ordinance. SECTION 5. Repealer. All ordinances and resolutions, and parts of ordinances and resolutions, which are inconsistent with provisions of this ordinance shall be, and are hereby, repealed to the extent of any such inconsistency. SECTION 6. Effective Date. This ordinance shall take effect after final adoption and approval pursuant to law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 194-14 RESOLUTION AUTHORIZING REFUND FOR HACKENSACK JUNIOR VOLLEYBALL REGISTRATION BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $45.00 is a refund for the Hackensack Junior Volleyball Registration. Refund to: Mrs. Lisa Montany 33 West Magnolia Avenue Maywood, New Jersey, 07607 Mrs. Jennifer Schmidt 11 Schlosser Drive Rochelle Park, New Jersey, 07662 Mrs. Jessica Vidal 252 Washington Avenue Hackensack, New Jersey, 07601 Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X Sims X X 9 5/20/14  Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 195-14 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR ENGINE 2 FIREHOUSE REHABILITATION PERFORMED BY FALEK CONSTRUCTION WHEREAS, the City of Hackensack has received change order No. 1 from Falek Construction an increase for added exterior painting; and WHEREAS, the contract amount will reflect an increase of $2,760.00 for a new contract total of $121,660.00; and WHEREAS, the Project Manager and Boswell McClave Engineering have reviewed this change order and have recommended that said change order be approved. NOW, THEREFORE, BE IT RESOLVED, that change order No. 1 increase in the amount of $2,760.00 for added exterior painting, be approved for a new contract total of $121,660.00, for Falek Construction 836 Ridgewood Avenue, North Brunswick, NJ 08902. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X Sims X X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 196-14 RESOLUTION AUTHORIZING TAX REFUNDS BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: Meeting on May 20, 2014 AMOUNT BLOCK LOT/QU NAME YEA REASON AL R $2,076,00 129 52 Suarez, Richard & Grace 2014 Overpymt 321 Kaplin Ave Hackensack, NJ 07601 $1,973.52 220 5 Marie-Ann Greenberg 2013 Overpymt Chapter 13 Standing Trustee For: Lessie McMillian Case #11-44629-MS 30 Two Bridges Road Ste 330 Fairfield, NJ 07004 10 5/20/14  $1,744.00 237 1.01 C005E Corelogic 2014 Overpymt For: Sena, Maryfel Attn: Refunds Department Mail Code: DWF 1-3 One Corelogic Dr Westlake, TX 76262 $1,695.00 327 3 Corelogic 2014 Overpymt For: Grande, Rene A Attn: Refunds Department Mail Code: DFW 1-3 One Corelogic Dr Westlake, TX 76262 $1,491.08 341 8C007A Corelogic 2014 Overpymt For:Kleinman, Reid Attn: Refunds Department Mail Code: DFW 1-3 One Corelogic Dr Westlake, TX 76262 $2,210.00 343 12.A Corelogic 2014 Overpymt C010C For: Jara, Daniel Attn: Refunds Department Mail Code: DFW 1-3 One Corelogic Dr Westlake, TX 76262 $1,884.00 344 16C012C Corelogic 2014 Overpymt For: Petrova, Yelena Attn: Refunds Department Mail Code: DFW 1-3 One Corelogic Dr Westlake, TX 76262 $2,443.00 538 9C1301 Corelogic 2014 Overpymt For: Ghent, Michele Attn: Refunds Department Mail Code: DFW 1-3 One Corelogic Dr Westlake, TX 76262 $2,701.00 600 3.03 Corelogic 2014 Overpymt For: Eleazer, Christine Attn: Refunds Department Mail Code: DFW 1-3 One Corelogic Dr Westlake, TX 76262 Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d 11 5/20/14  Battaglia X Deputy Mayor Canestrino X Sims X X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 197-14 RESOLUTION AUTHORIZING RAFFLE LICENSES BE IT RESOLVED, by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with the applications on file in the office of the City Clerk: RA #2065 Hackensack University Medical Center RA #2066 Make a Wish Foundation Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 198-14 AUTHORIZATION FOR ACCRUED TIME PAYOUT CHRISTOPHER COLLI WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Christopher Colli for 55.5 vacation days, 162.75 sick days and 3.75 compensatory time days, and WHEREAS, City Manager Anthony Rottino has authorized the payment of $84,027.19 to Christopher Colli for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Christopher Colli in the amount 12 5/20/14 of $84,027.19 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 199 -14 RESOLUTION AUTHORIZING TAX APPEAL ATTORNEY TO SETTLE THE CASES SET FORTH ON THE “SETTLED CASE” LIST DATED APRIL 16, 2014 ATTACHED HERETO WHEREAS, the name(s) set forth on the attached “Settled Case” list is/are owner(s) of real estate of the Block and Lot(s) specified on said list; and WHEREAS, the owner(s) set forth on the “Settled Case” list has/have filed tax appeal(s) challenging the assessment(s) for the referenced tax year(s) as more specifically set forth on said list; and WHEREAS, each Block and Lot(s) listed therein was/were assessed at the amount(s) stated therein for the noted tax year(s); and WHEREAS, the owner(s) is/are seeking a reduction in the total assessment(s) for said Block and Lot(s) for the respective year(s); and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq., and the offices of Marc A. Raso, Esq., Attorney at Law, LLC, has/have conducted a review of the prior settlement(s) that were purportedly entered into, but inexplicably not finalized by and between the City's PRIOR Tax Appeal Attorney and the respective Plaintiff(s); and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq., and the offices of Marc A. Raso, Esq., Attorney at Law, LLC, has/have reviewed said settlement(s) with the City’s Tax Assessor, Arthur Carlson, CTA and the City’s Appraiser, McNerney & Associates, Inc., and has/have requested the respective attorneys for the taxpayers to confirm said settlement(s); and WHEREAS, the parties have been able to confirm the settlement(s) that were purportedly negotiated, but inexplicably not finalized, by the City's PRIOR Tax Appeal Attorney, for the revised assessment(s) set forth on the attached “Settled Case” list; and WHEREAS, the parties have agreed that prejudgment interest shall be waived as a condition of any and all settlements; and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq. and the City’s Appraiser, McNerney & Associates, Inc. and the City’s Tax Assessor, Arthur Carlson, CTA are in agreement with the terms of said settlement(s), and believe that it would be in the best interests of the City to settle said 13 5/20/14 cases in accordance with the terms as stated on the attached “Settled Case” list; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack agrees to authorize the City’s Tax Appeal Attorney, Marc A. Raso, Esq. to execute Stipulation(s) of Settlement on behalf of the City of Hackensack with respect to the cases on the attached “Settled Case” list, pending in the Tax Court of New Jersey for the tax year(s) and at the new assessment(s) stated on said list; and BE IT FURTHER RESOLVED that upon receipt of the Tax Court Judgment(s) for the appeal(s) set forth on the attached “Settled Case” list, the City of Hackensack’s Tax Collector is authorized to calculate the amount of the refund and cause same to be paid by the earlier of one (1) year from the date of the receipt of the last applicable Tax Court Judgment for each matter or within sixty (60) days of the City’s receipt of bond proceeds from the Local Finance Board; and BE IT FURTHER RESOLVED that copies of this Resolution are to be provided to the City's Clerk, City's Tax Assessor, and City's Tax Appeal Attorney, Marc A. Raso, Esq. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X Sims X X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 200 -14 RESOLUTION AUTHORIZING TAX APPEAL ATTORNEY TO SETTLE THE CASES ON THE ATTACHED LIST DATED MAY 20, 2014 THAT WERE SCHEDULED FOR TRIAL OR SETTLEMENT WHEREAS, the name(s) on the attached list are owner(s) of real estate of the Block and Lot(s) specified on said list; and WHEREAS, the owner(s) set forth on the list have filed tax appeal(s) challenging the assessment(s) for the referenced tax year(s) as more specifically set forth on said list; and WHEREAS, each Block and Lot(s) listed therein was/were assessed at the amount(s) stated therein for the noted tax year(s); and WHEREAS, the owner(s) is/are seeking a reduction in the total assessment(s) for said Block and Lot(s) for the respective year(s); and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq., has completed discovery/inquiry with respect to these matters and has consulted with the City’s Tax Assessor, Arthur Carlson, CTA and the City’s Appraiser, Robert McNerney, MAI and has conducted extensive negotiations with counsel for the taxpayer; and 14 5/20/14  WHEREAS, the parties have agreed that prejudgment interest shall be waived as a condition of any and all settlements; and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq. and the City’s Appraiser, Robert McNerney, MAI and the City’s Tax Assessor, Arthur Carlson, CTA are in agreement with the terms of said settlement(s) and believe that it would be in the best interests of the City to settle said cases in accordance with the terms as stated on the attached list; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack agrees to authorize the City’s Tax Appeal Attorney, Marc A. Raso, Esq. to execute a Stipulation of Settlement on behalf of the City of Hackensack with respect to the cases on the attached list, pending in the Tax Court of New Jersey for the tax year(s) and at the new assessment(s) stated on said list; and BE IT FURTHER RESOLVED that upon receipt of the Tax Court Judgment(s) for the appeal(s) set forth on the attached list, the City of Hackensack’s Tax Collector is authorized to calculate the amount of the refund and cause same to be paid by the earlier of one (1) year from the date of the receipt of the last applicable Tax Court Judgment for each matter or sixty (60) days of the City’s receipt of bond proceeds from the Local Finance Board; and BE IT FURTHER RESOLVED that copies of this Resolution are to be provided to the City Clerk, City Tax Assessor, and the City Tax Appeal Attorney, Marc A. Raso, Esq. Council Intr Secon Abstai Abse Excuse Member o d Yes No n nt d Battaglia X Deputy Mayor Canestrin o X X Sims X X Greenma n X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 201-14 BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Fund $782,108.46 Grants 5,051.00 Payroll 1,465,183.67 Public Parking System 6,133.84 Capital 11,096.01 Escrow 27,575.60 Trust Account 226,330.05 Total Expenditures $2,523,478.63 Interfunds/Transfers $97,285.76 15 5/20/14 The City Clerk announced that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions. A motion was made by Deputy Mayor Canestrino and seconded by Councilman Battaglia to open the meeting to the public. Mayor made a statement regarding decorum during the public portion of the meeting. Regina DiPasqua – Parker Avenue – I was trying to get down Prospect Avenue and it was a nightmare. Tried to get down my street and it was closed without notice. Regarding Resolution # 196 for Tax Refunds there is no backup behind it, also with Resolution 199 and 200, there is nothing attached. I have a problem with the COW Meeting being taped for personal use. Just because you can do something doesn’t mean you should do something. Using a city vendor to videotape the COW Meeting for personal use is not ok. Attorney states that anyone can videotape a meeting. Lynn Herwitz - Hackensack – States she is proud of her city. Tells Mr. Rottino to be careful what he says. Who is paying for Hackensack City News? Who is part of the distribution of the City News? Who is writing this? Mayor responds- The city is paying for this. Mr. Ammirato wrote the articles and Bergen Record is distributing it. Questions Councilman Sims on a previous statement that he responded to in the record and also if he would respond to her question now. Councilman Sims responds with no comment. Richard Salkin – Hackensack - States to the Mayor that he can’t cut him off after 5 minutes of speaking and there needs to be a Resolution to restrict speaking time. Questions Mr. Rottino about who extended health benefits to the Municipal Prosecutor. Mr. Rottino says he already explained this at a previous meeting. Mayor states the council did not recommend or approve that. Mr. Rottino states he did not authorize health benefits to Mr. Catania. Heard the council or city was going to appoint a second Deputy Court Administrator. Mr. Battaglia’s spouse did not have certification for this and she received a raise on this position but she was never appointed. Mayor responds position was eliminated. Raise was not rescinded. Mr. Salkin questions her receiving a $10,000 raise for the same position and asks to please report back at the next meeting whether Mr. Battaglias spouse has given up the $10,000 raise. Dr. Robert Conti – 15 Warren Street – Came to discuss converting Warren Street into a park. Says he has been a doctor in Hackensack for 31 years and parking is crucial for his practice. Parking is critical in expanding a business. A park is a nice idea but parking is crucial for business in Hackensack. Parking lot is needed for convenience and safety especially for female patients. He is questioning renewing his lease for another 5 years due to this parking conversion. Earl Warden – Union Terrace - States there is a high Double Standard in this town. State statute says he should be paid for his time he worked. The hours and money he is owed is just being ignored. I will be releasing several other chapters to this story because no one knows what goes on behind closed doors. I was forced out of my position. I hope to get a response from the Council now that I brought this to your attention. 16 5/20/14 Jason Nunnermacker – Hackensack - Comments made at the end of the May 6, 2014 meeting that I would like to follow up with. Mr. Ammirato’s salary and states the Deputy Mayor Canestrino says it was based on the prior PR salary. The Ordinance creating Mr. Rottino’s position I compared it to Mr. Ammirato’s position and they are both doing the same job. Why are we paying two people to do the same job? Question directed to Councilwoman Greenman about why a discussion of benefits would come up when interviewing a city vendor? Councilwoman Greenman chooses not to answer the question. Why does Mr. Rottino need a remote car starter for his vehicle? Richard Gelber - Clinton – City has a potential 30 million dollar labiality to tax payers this year. This is More than 10 percent of City’s operating budget for this year. Frivolous spending is going on in Hackensack. We are employing Thom Ammirato for too much money. We need a qualified City Manager. Referring to the Anderson Street Park and how people have been treating it. Is Mr. Rottino going to reimburse city for remote car starter? Municipal Prosecutor is receiving health benefits on a part time position. Why are we not using our city resources to work in the city. Mayor states that his time has expired. The City needs a qualified City Manager. Steven Gelber – Clinton –Opinion letter must have come from his firm. Were you aware of this Ordinance? Was there an Ordinance drafted to supersede it. Attorney states there is no prohibition under the law to provide health benefits to people to work over 30 hours a week, it is under the Council’s digressions to do so. Are OPRA Requests common with their firm? Attorney responds usually the Clerk handles OPRA Requests. Since the new clerk, the clerk has taken over many of the OPRA Requests. Why do my OPRA Requests end up on a separate ledger? I am requesting Mr. Scrivo’s firm refund that money to the city. Offering his time and services to write two articles every quarter for the Council. How much do we pay our Grant Writer? Mr. Rottino responds with $4,000 a month. There were other firms that offered to do the grant writing as part of their gig. Mayor responds they were already going a certain direction. Joe Borreto - Poplar Avenue– Municipal Lot between State and Main is not well lit. I saw a family running through parking lot and when I questioned them they said nothing was wrong, the park is just very dark. There is a disconnect with the Council and City Manager and everyone is walking on egg shells. Thanking the City of Hackensack in hoping that he is removed. We need someone who knows Hackensack to be our City Manager. Something has to be done. Paul Incalcaterra - 43 Broadway – Past two weeks there was a show called “Bloody Bloody” and the drums were overwhelming. Living next to Cultural Arts Center, the noise is too loud for him to handle. The new Cultural Center was supposed to be done four years ago and I was told four years ago. The noise coming out of that building shakes my house. I don’t know where to go, I live there. Banging on podium to make a point as to how loud it is, please look at schedule and get rid of musical events. Francis Cajelja – 88 Catalpa Avenue – Did city inspectors go on every single block and inspect regarding Project Pride? Did they pick and choose which houses to side? Was Project Pride instituted city wide? Mr. Rottino responds eventually they will get to the whole city. Is there any way our property can get an extension until the whole city is done being inspected or Is this something that has to get done this summer? Mr. Rottino responds that they can give them an extension but not everyone in the city can get an extension granted. Area next to the high school is very messy, a lot of litter. Can we possibly get more garbage cans to clean up the area so the area 17 5/20/14 looks cleaner? Mayor responds practice makes perfect, we need to get more people in the habit of helping and cleaning up. Could we get some banners around the high school? Mayor responds we will look into it. Kathleen Salvo – 184 Hudson Street- Project Pride is not being implemented. The property maintenance department is selective in their code enforcement. There are many violations that have not been taken care of yet. We have to tighten our belts, stop spending money like crazy so we have the money for what we need. Asks the City Attorney if it was unethical for Mr. Rottino to tape the COW Meeting? The Attorney states anyone can pay to tape a meeting. We all would like to see the City of Hackensack move forward. Deborah Keeling Geddis- Hamilton Place – Read list complied regarding all of the positive things the City Manager has done for the City. Nobody is perfect but you have to give just due to what the City Manager has done so far for the City. Harry Comp - 21 Passaic Street – I have lived here all my life and I feel very proud to be a part of this city. We can’t turn our backs on our Police Department in my opinion. These people are doing the job now, the pride is back. We brought a great group of professional vendors to Hackensack and to guide the city. The city should embrace the potential development that has started happening. There is always going to be opposition but they need to be overcome by the visions of the future. We shouldn’t put the brakes on development. A motion was offered by Deputy Mayor Canestrino and seconded by Councilman Sims to close meeting to the public. Council Comments: Councilman Battaglia – I just want to thank everyone for coming and for the support regarding the loss of my mother. Deputy Mayor Canestrino- Regarding the tax refunds, we are looking at 10 million dollars going back to as far as 2005. These cases are unsettled cases, these cases had already been negotiated but the last step never happened. Speaking to Mr. Nunnermacker regarding his comment made to the record. This was fiscally irresponsible by the prior council .Regarding tightening belts, our CFO has been working tirelessly here to amend our budget to put us in the best possible position. This is all of our responsibilities now. 10 million dollars is a huge distraction and we will handle this the best way we can and keep the city in the proper direction. Councilman Sims – Hackensack baseball is having their annual tournament at Foschini Park. There is three weeks left to sign up for summer camp and the theater camp is halfway full. I would like to thank everyone for coming out and we hear your concerns. Councilwoman Greenman – I would like to thank Mr. Sznajderman for donating the painting and also the Interim City Manager for the great job he is doing without any respect. I took terrific offense to Mayor Labrosse’s comment to the newspaper. The mayor should have addressed his concern with the council not the media. This is a democracy, it is not a dictatorship. We should vote our conscious each and every time. Nobody controls me and I stand for myself and all the people in Hackensack who trusted us to do the right thing. Many people out there wish us ill and we should not allow this to happen. I thank everyone for coming. 18 5/20/14 Mayor Labrosse – Ms. Greenman is entitled to her opinion. Democracy to me means we can disagree and you can vote your way but I do not have to agree with it. I am entitled to my own opinion. Mr. Rottino has done a lot of good things for this City and moving this City forward. It is up to the council to decide the direction they are going to go in. I am fully committed to this rehabilitation for downtown. We have a lot of items on our plate right now and we are working at it. Tax Appeal burden is a big deal and is affecting many things we want to do right now. This is something we have to deal with and we will deal with. This council is working together and we are moving forward. Also, I would like to thank Mr. Sznajderman for his donation of the painting and I thank everyone for coming tonight. Council Intr Absen Member o Second Yes No Abstain t Excused Battaglia x Deputy Mayor Canestrino x x Sims x Greenman x x Mayor Labrosse x CITY OF HACKENSACK EXECUTIVE SESSION RESOLUTION A RESOLUTION CALLING FOR AN EXECUTIVE MEETING OF THE CITY COUNCIL FOR THE FOLLOWING PURPOSES: WHEREAS, the Mayor and Council of the City of Hackensack deem it necessary to discuss certain actions under Section 7b7 & 7b8 of the Open Public Meetings Act which pertains to matters falling within attorney-client privilege, on-going litigation and personnel matters concerning the employment of a current or prospective public employee(s). WHEREAS, the Mayor and Council of the City of Hackensack is of the opinion that such circumstances may presently exist; and WHEREAS, the Township Council wishes to discuss the following issues: 1. Personnel Matters – Police Department 2. On-going Litigation 3. Matters involving attorney/client privilege NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack deem it necessary to exclude the public from this discussion. The outcome of the discussion will be disclosed within 90 days or at such time as the interests of the City do not require confidentiality. There being no further business meeting was adjourned at 10:10 p.m. Approved by Mayor and Council on August 18, 2014. 19 5/20/14  ______________________________________ Mayor John P. Labrosse, Jr. _______________________________________ Deputy Mayor Kathleen Canestrino _________________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims ________________________________ Councilman Leonardo Battaglia _________________________________ Deborah Karlsson, City Clerk 20 5/20/14